He told her that as long as there was no sexual penetration, their actions would not constitute a criminal charge. For example, engaging in explicit sexual talk with a child over the Internet can result in child enticement charges, even if no sexual activity ever occurs. Engaging in sexual contact with someone under the age of 13 while being only 36 months 3 years older than the victim is criminal sexual conduct in the fourth degree, whereas actual penetration involving the same ages is criminal sexual conduct in the third degree. The man now faces several charges of sexual crimes despite the fact that the young woman was older than the legal consensual age at the time of the relationship. Except as otherwise provided in section Child Enticement In Minnesota, it is also a crime, called child enticement, for a person over the age of 18 to invite or try to persuade a child under the age of 16 to engage in sexual conduct. The age of consent varies from state to state. The defendant claims that he was not serving as a mentor or father figure at the time of their relationship. Thus, it would be smart to contact a criminal lawyer now to have the best chance of avoiding receiving that maximum sentence. Similarly, no protections are reserved for sexual relations in which one participant is a 15 year old and the second is a 16 or 17 year old. A person convicted under this section is also subject to conditional release under section The young woman testified that during her relationship with the man, he continued to provide her with life advice and help her with her plans for college. Consent by the complainant is not a defense; k the actor accomplishes the sexual contact by means of deception or false representation that the contact is for a bona fide medical purpose. In all other cases, mistake as to the complainant's age shall not be a defense; c the actor uses force or coercion to accomplish the sexual contact; d the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; e the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Marriage It is a defense to a charge of criminal sexual conduct based on consensual sexual activity that the defendant and the child were married and not living apart or separated at the time of the offense.